Approval of the 1990 Base Year Carbon Monoxide Emission Inventory for Minnesota

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN15-2-6363; FRL-5072-6]

Approval of the 1990 Base Year Carbon Monoxide Emission Inventory

for Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving the 1990 base year carbon monoxide (CO)

emission inventory submitted by the State of Minnesota as meeting the

Clean Air Act requirements for emission inventories for CO. The

inventory was submitted by the State to satisfy certain Federal

requirements for an approvable nonattainment area CO State

Implementation Plan (SIP) for the Duluth and Minneapolis-St. Paul areas

in Minnesota.

USEPA's action is based upon a base year emission inventory which

was submitted by the State of Minnesota to satisfy the requirements of

section 187(a)(1) of the Clean Air Act.

EFFECTIVE DATE: This final rulemaking becomes effective on October 19,

1994.

ADDRESSES: Copies of the base year emission inventory and other

materials relating to this rulemaking are available for inspection at

the following address: (It is recommended that you telephone Maggie J.

Greene before visiting the Region 5 Office.) United States

Environmental Protection Agency, Region 5, Air and Radiation Division,

77 West Jackson Boulevard (AE-17J), Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Maggie J. Greene, Air Enforcement

Branch, Regulation Development Section (AE-17J), United States

Environmental Protection Agency, Region 5, Chicago, Illinois 60604,

(312) 886-6088.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On November 9, 1992 and November 10, 1992, the Minnesota Pollution

Control Agency submitted to USEPA 1990 base year CO emission

inventories for the Duluth and Minneapolis-St. Paul areas in Minnesota.

The inventories were were submitted to USEPA as a revision to the State

of Minnesota SIP. The State held public hearings on October 26, 1992,

and November 6, 1992, to entertain public comments on the 1990 base

year emission inventory for Duluth. The public hearing for the

Minneapolis-St. Paul metropolitan area was held on June 22, 1994. The

USEPA issued a completeness letter to the State on March 8, 1993. The

notice of proposed rulemaking was published in the February 25, 1994

(59 FR 9155) Federal Register.

II. Public Comment/USEPA Response

A thirty-day public comment period was provided to allow interested

parties the opportunity to comment on USEPA's proposed action. There

were no public comments received on this action by the Agency.

Additionally, USEPA redesignated the Duluth area to attainment on April

14, 1994 (59 FR 17706) in a separate rulemaking action.

III. Rulemaking Action

USEPA is approving the base year emission inventory that was

submitted by the State of Minnesota. The State submitted a complete

inventory containing point, area, and mobile off-road and on-road

source data, and documentation. The inventory is complete and

approvable for the Duluth and Minneapolis-St. Paul areas according to

all criteria set out in the June 24, 1993, memorandum from John S.

Seitz, Director, Office of Air Quality Planning and Standards, to the

Regional Air Directors. Although Minnesota had not provided opportunity

for public comment on the Minneapolis-St. Paul area inventory at the

time of USEPA's proposed rulemaking, Minnesota provided such public

comment period for 30 days ending June 17, 1994, and held a public

hearing on June 22, 1994. With this action, the Minneapolis-St. Paul

area inventory is now also complete and approvable. As a result, USEPA

is approving the SIP carbon monoxide emission inventory submitted by

the State of Minnesota.

The emissions inventories of carbon monoxide emissions for a

typical winter day in Duluth and in the Minneapolis-St. Paul areas are

indicated in tables 1 and 2 below.

Table 1.--Carbon Monoxide Emissions for the Duluth Area

------------------------------------------------------------------------

1990

emissions

Emissions source rate (lbs/

winter

day)

------------------------------------------------------------------------

On-road Mobile............................................... 114,718

Off-road Mobile.............................................. 13,624

Point Source................................................. 4,270

Area Source.................................................. 85,614

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Total Emissions........................................ 218,226

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Table 2.--Carbon Monoxide Emissions for the Minneapolis-St. Paul Area

------------------------------------------------------------------------

1990

emissions

Emissions source rate (lbs/

winter day)

------------------------------------------------------------------------

On-road Mobile............................................. 2,790,595

Off-road Mobile............................................ 345,702

Point Source............................................... 559,898

Area Source................................................ 566,285

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Total Emissions...................................... 4,262,480

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Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

USEPA received no adverse public comment on the proposed action. As

a direct result, the Regional Administrator reclassified this action

from Table 2 to a Table 3 action under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993, memorandum from Michael H. Shapiro, Acting

Assistant for Air and Radiation. A future notice will inform the

general public of these tables. On January 6, 1989, the Office of

Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions

(54 FR 2222) from the requirements of Section 3 of Executive Order

12291 for 2 years. The USEPA submitted a request for a permanent waiver

for Table 2 and Table 3 SIP revisions. The OMB agreed to continue the

temporary waiver until such time as it rules on USEPA's request. This

request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993. OMB has

exempted this regulatory action from Executive Order 12866 review.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jusrisdiction over populations of less

than 50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-State relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

CAA forbids USEPA to base its actions concerning SIPS on such grounds.

Union Electric Co. v. U.S. E.P.A. 427 U.S. 246, 256-66 (S. Ct. 1976);

42 U.S.C. 7410(a)(2).

Under Section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filled in the United States Court of Appeals for

the appropriate circuit by November 18, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be changed later in proceedings to enforce its

requirements. (See Section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Intergovernmental relations, Reporting and record keeping requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: August 31, 1994.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart Y--Minnesota

2. Section 52.1237 is added to read as follows:

Sec. 52.1237 Control strategy: Carbon monoxide.

(a) The base year carbon monoxide emission inventory requirement of

section 187(a)(1) of the Clean Air Act, as amended in 1990, has been

satisfied for the following areas: Duluth Metropolitan Area and

Minneapolis-St. Paul Metropolitan Area.

[FR Doc. 94-23037 Filed 9-16-94; 8:45 am]

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